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Bare acts > Code of Civil Procedure, 1908 > Order 9 Rule 4
 
   


 


4. Plaintiff may bring fresh suit or court may restore Suit to file.-
Where a suit is dismissed under rule 2 or rule 3, the plaintiff may (subject to the law of limitation) bring a fresh suit; or he may apply for an Order to set the dismissal aside, and if he satisfies the court that there was sufficient cause for such failure as is referred to in rule 2, or for his non appearance, as the case may be, the court shall make an Order setting aside the dismissal and shall appoint a day for proceeding with the suit.

HIGH COURT AMENDMENTS

DELHI.- Same as in Gujarat.

GUJARAT.- Number Rules 4 as 4 (1) and add as sub-rule (2)

‘(2) The provisions of Section 5 of the Indian Limitation Act, 1963 shall apply to applications under this rule.”

Himachal Pradesh.- Same as in Gujarat.

Madhya Pradesh.- Same as in Gujarat (2.9.1955).

Orissa.- Insert the following proviso to Rule 4 Order IX of the Code, namely:—

“Provided that in cases where the defendant has entered into contest by filing his defendant, no suit shall be restored without notice to him.” (14.5.1984).

Punjab.- Same as in Gujarat (14.2.1956).

 

 

 

 

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